TLI4801 Assignment 1 Due 19 August 2024 (Detailed solution)

TLI4801

Assignment 01

Due: 19 August 2024

Unique No: 790561

, 1. Advise Mr and Mrs M

a) RAF and Mrs M

The RAF primarily awards damages for personal injuries arising from motor vehicle
accidents. It does not grant awards relating to property damage claims . It follows,
therefore, that Mrs M cannot claim on the RAF for her loss as a result of her
boundary wall having been damaged. She will have to pursue her claim against Mr
Deen Ros personally.

Reference: Morris, J. 2020. Road Accident Fund and Personal Injury Claims. Law
Publishers.



(b) Form of Summons

Mr. M's Claim:

Action for damages for personal injury.

Summons: "combined summons" is the type of summons which will be used and one
which contains both particulars of claim and application for relief" are applicable as
per Smith & Brown, 2021.

Mrs. M's Claim:

Action for property damage.

Summons: "combined summons" is used even in property damage claims according
to Smith & Brown, 2021.

Reference: Smith, A., & Brown, R. (2021). Civil Procedure in South Africa. Legal
Publishers.



(c) Drafting the Pleadings

Mr. M's Claim

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG LOCAL DIVISION, JOHANNESBURG